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(영문) 울산지방법원 2016.11.02 2016가단2092
부동산소유권이전등기 말소등기절차이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 7, 2015, the Plaintiff completed the registration of ownership transfer to the Defendant with respect to the share of 572/1,805 square meters among the shares of 1,805 square meters of D Forest land in Ulsan-gun, Ulsan-gun, Ulsan-gun, for the Defendant, for the share of 659/1,805 square meters, for E, for the share of 574/1,805 square meters to F.

Defendant, E, and F divided D forest land on May 4, 2015, and the Defendant completed the registration of ownership transfer on May 19, 2015, regarding Ulsan-gun, Ulsan-gun, divided from the above land.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the Plaintiff sold 572/1,805 shares of D forest to the Defendant and agreed to exclude the instant land from the subject of sale.

However, while dividing the Plaintiff and D forest, the Defendant completed the registration of ownership transfer in the future of the Defendant, including the land portion in C forest.

Therefore, the transfer registration of ownership completed in the future for the defendant with respect to the part of the instant land owned by the plaintiff is null and void, and the defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration

B. It is insufficient to recognize that the Defendant agreed to exclude the instant part of land from the sale subject to the purchase of the Plaintiff’s shares in D forest land only with the judgment evidence Nos. 4 and 7.

Therefore, the plaintiff's assertion is without merit to further examine.

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